[转载]全球最著名的刑事辩护律师

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[转载]全球最著名的刑事辩护律师

2024-07-17 09:25| 来源: 网络整理| 查看: 265

12月1日,我在哈佛法学院听了Alan Dershowitz教授主讲的“法律职业”这门课。感觉就像见到从前的偶像。熟悉美国法律的人一定知道, Dershowitz教授是法律界的大家。在美国,他被称为“全球最著名的刑事辩护律师”、“最知名、最直言不讳的律师”。他25岁进入哈佛法学院任教。1967年,28岁的他成为哈佛法学院历史上最年轻的终身教授。Dershowitz撰写了27部小说和非小说类作品,其中有6本为最畅销书。想要更全面地了解他杰出的职业生涯,请参看:http://www.alandershowitz.com/。

 

上世纪80年代初,我在美国法学院读书时就久闻他的大名。这些年来,我一直记得Dershowitz教授的一个小故事:他最初进入哈佛法学院任教时,周六是有课的。他去找院长交涉,阐明自己不能在星期六教书,因为这有违犹太教义,而他笃信犹太教。院长不能特殊优待他一人,最终决定取消所有教师周六的课。我对这件事印象极其深刻,对他非常景仰。多年来,我一直很关注他的事业动向和他的著作。因此,我特别高兴能有机会在课堂上聆听Dershowitz教授的讲演。

 

这是Dershowitz教授本学期的最后一堂课。一上课,他首先播放了一段视频,内容是几位美国最著名的刑事辩护律师决定在一本监狱杂志上发布一个不寻常的广告,列出一长串政府证人名单,呼吁犯人提供有关这些证人的信息,结果其中一个出现在广告中的证人突然死亡(怀疑被不想让他出庭作证的人所害)。Dershowitz教授问同学们:“如果你是辩护律师,你会怎样做?”这是一个现实而棘手的问题,他认为并没有所谓的正确答案或错误答案。他告诉学生,真实的世界里充满严峻的挑战,很少有黑白分明的情况。作为选修他的课程的一项奖励,如果学生在5年内遇到任何棘手的问题或挑战,都可以打电话向他求助,他将免费为他们提供相关咨询(显然,他对自己的所有学生都提供这项服务)。

 

他还向每位学生赠送了一本自己的著作——《致年轻律师的信》(想要了解这本书以及Dershowitz教授其它著作的信息,请点击这里:http://tinyurl.com/35ygpr6)。作为客人,我也得到了一本由Dershowitz教授亲笔签名的书,本书最初于2001年出版,它为年轻律师及其他从业者围绕“当律师的方方面面”提供了Dershowitz教授的想法和建议。以前我读过这本书,很喜欢。事实上,我希望每一个即将开始律师生涯或考虑从事与法律相关工作的人士都能认真读读这本书。尽管书中所描述的法律体系与中国的法律体系大不相同,但是我认为,分析各种问题所需要的批判性思维在中国同样适用。

 

结束本节课之前,Dershowitz教授还与即将离校的学生分享了自己对事业人生的一些看法。他希望同学们“做得好并且做好事”。所谓“做得好”,就是希望每位学生都能在生活中获得成功;所谓“做好事”,就是每位学生都应积极参与那些会对自己的社区和社会产生积极影响的事。他谈到了如何在两者之间保持平衡。他还谈到了金钱与性,其中包括如何收取法律服务费用及涉及的职业道德问题,以及如何避免卷入与客户、同行律师、对方律师、法官、检察官之间的不正当关系。他告诫同学们:“不要崇拜英雄(因为你可能会失望),但是要有导师。”“不要试图做所有你擅长的事,试着做一些令你感到不太舒服的事,这会给你带来平衡”,“在你能最佳控制的职业生涯中竭尽全力(你永远不会完全控制任何事)”。

 

其中一些建议可在他的著作《致年轻律师的信》中找到。我再次向大家强烈推荐这本书。(了解本书的中文译本,请访问:http://tinyurl.com/23a8u5p)。

 

课后,我与Dershowitz教授见面并进行了简短交流。我们谈到了他的著作。他告诉我他第一次访问中国大约是在1978年或1979年,并希望能在不久的将来故地重游。他还告诉我,《致年轻律师的信》已经翻译成中文,但不能肯定《最好的辩护》是否也已译成中文(后来经过确认,这本书也有中文译本,详见:http://www.verycd.com/topics/2849259/)。他送给我一本《最好的辩护》,并表示这是他所有著作中与法学思想理论最相关的一本书。他希望自己的其它著作也能被翻译成中文,介绍给中国的读者。

 

                                    Meeting Your Idol

On December 1st, I attended Alan Dershowitz's class on legal profession at Harvard Law School.  People who are familiar with the US legal profession would undoubtedly be aware that Professor Dershowitz is a giant in the legal profession.  Has been called "the best-known criminal lawyer in the world," "the most renowned and outspoken attorney" in the US.  He is the Felix Frankfurter Professor of Law at Harvard Law School where he first became a professor at age 25.  In 1967, at the age of 28, he became the youngest full professor in Harvard Law School history.  Professor Dershowitz is the author of 27 works of fiction and non-fiction, including 6 bestsellers. For a fuller description of his exceptional career please see http://www.alandershowitz.com/.

 

I had heard about him since my law school days in the US in early 1980s'.  One particular story stayed with me all these years, it was about his objection to teaching on Saturdays:  when he first joined the Harvard Law Faculty, there were Saturday classes.  He went up to the Dean and told him that he could not teach on Saturdays because it was against his Jewish religion.  The Dean could not really just to exempt him so he decided to cancel the Saturday classes for all teachers.  As a young law student from China, I was hugely impressed; he became my instant hero.  Over the years, I have followed his news stories and books.  So, it was particularly gratifying for me to see the Professor's performance in class in person.

 

It was Professor Dershowitz's last class for the semester.  He started the class by showing a video tape of a story where some of America's high-powered lawyers decided to run a unusual Ads in a prison magazine calling for information about a list of government witnesses.  One of the people whose name appeared on the Ads ended up dead.  He posted the question to his class, “if you were the defense attorney, would you do it?”  It is a practical but tough question, to which he does not believe there is a right or wrong answer.  He told the students that the real world is full of tough situation, rarely black or white.  He offered to students, as a bonus of taking his class, that for 5 years, if any of them runs to any tough situation, they can call him for advice free of charge (apparently he offers this to all of his students).   

 

He also gave each of his students a copy of his book, Letters to a Young Lawyer (for this and other books by Professor Dershowitz please click here: http://tinyurl.com/35ygpr6).  As a guest, I too received a copy with Professor Dershowitz's autograph. The book was originally published in 2001.  It gave practical advice to young lawyers and others on almost every aspect of being a lawyer.  I read this particular book before and really like it.  In fact, I would recommend to anyone who is thinking about starting or thinking about getting into the legal profession.  Although it is for a legal system that is very different from that of China, I believe the critical thinking that goes into analyzing various issues is equally applicable in China.

 

Before ending the class, Professor Dershowitz also shared his wisdom to the departing students.  He wished them to "do well and to do good".  By "do well", he means that he wishes each of them to be successful in life; and by "do good", he means that they should also engage in things that will make positive impact to the community and society in which they live.  He talked about maintaining a balance of the two.  He talked about money and sex including on how to collect legal fees and the ethics issues involved and on how to avoid getting into the wrong relationship with clients, fellow lawyers, opposing counsel, judges, prosecutors, etc..  He also offered advice of a general nature such as "don't have heroes (as you are likely to be disappointed), but have mentors," "don't try to do everything you are best at, trying something that makes you a little uncomfortable and gives you a balance," "try your best in a career which you have the best control over (you will never have total control), etc.   

 

Some of these advices can be found in his book, Letters to a Young Lawyer.  Again, I highly recommend it (For a Chinese translation of this book please see: http://tinyurl.com/23a8u5p)。

I met with Professor Dershowitz briefly after the class.  We talked about his books.  He told me that he first visited China in 1978 or 79 and he would love to visit again. He also told me that the “Letters to a young Lawyer” has been translated Chinese, but not sure if “the Best Defense” has been (I confirmed that later that it is available in Chinese, http://www.verycd.com/topics/2849259/. He gave me a copy of “the Best Defense” and said that it is the most relevant one among all of his books on jurisprudence.  He is interested in seeing that this book and his other books are available for Chinese readers.



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